San Diego Drunk Driving Q & A

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The San Diego criminal defense lawyers at Kerry L. Steigerwalt and Associates are familiar with many possible DUI defenses and questions:

Who was Driving?
Was there Probable cause?
Were you read your Miranda Rights?
Were you given implied consent warnings?
Were you assumed to be under the influence?
Faulty tests create a skewed blood-alcohol concentration?
Were you tested during the absorptive phase?
Was the proper protocol followed during the blood-alcohol testing?

If you have been charged with drunk driving, contact the San Diego Criminal Defense Law Firm of Kerry L. Steigerwalt & Associates today to review your case!

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Who was Driving?


The prosecution must prove that the defendant was in fact the one driving the vehicle. In a case where there are no witnesses to an accident, intoxication is not enough.

Was there Probable cause?
There must be evidence provided that the officer had probable cause to stop, detain and arrest.

Were you read your Miranda Rights?
If the Miranda rights were not given at the appropriate time, incriminating statements may be concealed.

Were you given implied consent warnings?
In some states (including California), if a chemical test was refused or given incorrectly, and you were not advised of the consequences of this, it may be a reason to invalidate a DMV license suspension based upon the refusal to provide a breath/blood sample.

Were you assumed to be under the influence?
The officer's observations and opinions as to what the officer considers as "failing" can be questioned. For example, the circumstances under which the field sobriety tests were given. Witnesses can testify that you appeared to be sober.

Faulty tests created a skewed blood-alcohol concentration?
There exists a wide range of potential problems with blood, breath or urine testing. Many different defects in analysis can be brought out in cross-examination of the state's expert witness.

Were you tested during the absorptive phase?
The blood, breath or urine test will be unreliable if done while you are still actively absorbing alcohol. It can take thirty minutes to three hours for full absorption. If there is food that has not yet digested, this could be delayed. Because of this, inaccurate test results is very possible.

Was the protocol followed during the blood-alcohol testing?
The prosecution must prove that the blood, breath or urine test complied with state requirements.

If you or someone you love has been charged with a DUI or a DUI-related offense, you need to act quickly and contact the San Diego Criminal Defense Lawyers at Kerry L. Steigerwalt and Associates immediately. If you delay you risk putting your freedom, property, and livelihood in jeopardy, and every second you hesitate is less time for our attorneys to help protect your rights. Contact us today!

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